Summary
The United States District Court for the Eastern District of Louisiana grants Southern Power Systems, Inc.'s unopposed motion for summary judgment in a dispute arising from a failed battery charger at an alumina plant. The court concludes that the plaintiffs presented no evidence of improper installation, breach, or causation supporting their negligence and breach of contract claims, and dismisses those claims with prejudice.
Holdings
- Summary judgment was warranted on plaintiffs' negligence claim because plaintiffs identified no record evidence showing that Southern Power breached the applicable duty or that its installation caused the incident.
- Summary judgment was warranted on plaintiffs' breach-of-contract claim because plaintiffs presented no evidence that Southern Power failed to perform or defectively performed its contractual obligation to install the charger.
Questions Presented
- Whether plaintiffs presented sufficient evidence to create a genuine dispute of material fact on breach and causation for their negligence claim against Southern Power.
- Whether plaintiffs presented sufficient evidence that Southern Power defectively performed its contractual installation obligation, creating a genuine dispute of material fact on the breach-of-contract claim.
Disposition
other
Cases Cited (14)
- Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986)(followed)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986)(followed)
- Bazan ex rel. Bazan v. Hidalgo Cnty., 246 F.3d 481, 489 (5th Cir. 2001) (citing Wilkinson v. Powell, 149 F.2d 335, 337 (5th Cir. 1945))(followed)
- Wilkinson v. Powell, 149 F.2d 335, 337 (5th Cir. 1945)(followed)
- Delta & Pine Land Co. v. Nationwide Agribus. Ins. Co., 530 F.3d 395, 398-99 (5th Cir. 2008)(followed)
- Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994)(followed)
- Homelife in the Gardens, LLC v. Landry, No. 16-CV-15549, 2018 WL 341703, at *2 (E.D. La. Jan. 9, 2018)(followed)
- Day v. Wells Fargo Bank N.A., 768 F.3d 435, 435 (5th Cir. 2014) (per curiam)(followed)
- Lamelas v. Abud, No. 22-CV-739, 2023 WL 3340851, at *1 (E.D. La. May 10, 2023)(followed)
- Gonzales v. Abdurasulov, No. 3:22-CV-654, 2022 WL 2717633, at *1 (W.D. La. July 13, 2022)(followed)
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Cited In (0)
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Court Document
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